In accordance with domestic law, organizations and individual entrepreneurs on a contractual basis, with the appropriate license, can provide both legal entities and individuals with services to protect their interests and rights.
The terms of reference of private detectives and security structures are determined by a separate law. In practice, there are often cases when employees of such organizations allow themselves much more than is permitted. For the excess of powers, the legislator establishes what, in fact, is referred to in article 203 of the Criminal Code of the Russian Federation, criminal liability.
Description of simple composition
In the first part of the criminal law norm, a simple corpus delicti is described. It occurs when an employee of a private security company (subject to the availability of an appropriate certificate) or a private detective carry out actions that fall outside the scope of their authority established by law, and thereby substantially violate the legitimate interests and rights of legal entities and individuals, or interests states and (or) societies protected by law.
When qualifying for the first part of Article 203 of the Criminal Code of the Russian Federation, the offender faces a penalty of:
- a fine in the amount of 100 to 300 thousand rubles. or in the amount of any income of the convicted person, including salary, for the period from 1 year to 2 years;
- restrictions on freedom for a period of up to 2 years;
- forced labor (up to 2 years) with a burden in the form of deprivation of the right to hold a post in a certain position or to perform any specific labor activity for a period of up to 2 years.
Qualifying signs
In the second part of Article 203 of the Criminal Code, the use of weapons or special means replacing them is mentioned as a qualifying symptom of a criminal act, which entailed the onset of consequences for the victim, which are regarded as grave (including death).
The sanction is expressed in the deprivation of the guilty person's liberty for a term of up to 7 years with an additional punishment in the form of a ban on conducting a certain type of activity and staying in certain positions for up to 3 years.
Property Description
The object of a crime qualified under Article 203 of the Criminal Code of the Russian Federation is the procedure established by the legislator for the performance of private security and detective activities. In addition, it includes the health of citizens who have been harmed as a result of illegal actions by employees of these organizations.
Note that you can familiarize yourself with the procedure in accordance with which private activity (detective and security) should be carried out, in the Law of the Russian Federation No. 2487-1, adopted on March 11, 1992.
The characteristic of the objective side
According to article 203 of the Criminal Code, the objective side of the unlawful act in question is expressed in excess of the powers established by law and granted by the corresponding license, contrary to the objectives of this type of service.
In accordance with the law, private detectives are prohibited from hiding the facts that they become aware of crimes committed or in preparation from law enforcement agencies, as well as impersonating police officers and collecting information related to their personal lives, religious and political beliefs of individual citizens.
Thus, excesses by the guilty persons of authority (this is also mentioned in the comments to article 203 of the Criminal Code of the Russian Federation) can be discussed if acts prohibited by law (with the use of violence or threats) are committed, as well as if the acts committed go beyond the rules defined in the license for the right to carry out activities (security and detective). Any activity of this kind is contrary to the tasks of security or detective services. The powers of a security guard or a detective are specified in contracts concluded with clients.
The composition of the article is tangible. In other words, in order for a crime to be recognized as completed, a socially dangerous consequence must occur .
Subject and subjective side
The analyzed crime, expressed in excess of authority, has a special subject. Such is an employee of a private security company, provided that he has the appropriate certificate or a private detective.
The subjective side is defined as direct intent.
Comments on Article 203 of the Criminal Code of the Russian Federation
The excess of established powers, committed contrary to the tasks assigned to private detective agencies, occurs when the actions of the perpetrator are aimed at violating the law or are associated with the creation of obstacles to the activities of judicial and (or) law enforcement agencies. We also note that, according to the law, persons licensed for detective and security activities have the right to use special means, and the latter also have weapons.
In accordance with the comments on article 203 of the Criminal Code, abuse of authority by a security guard has the same legal nature as a similar crime committed by a private detective.
The use of violence or the threat of its commission is a qualifying attribute specified in part two of the norm. It can be carried out through weapons or special means and entail the onset of consequences, including serious ones. Comments determine that violence can be expressed in any actions that are associated with physical impact on the victim: this is causing pain, harm to health, binding, handcuffing, etc.
The threat of violence against a person should be understood only as the threat of any physical impact. In case of intimidation by the destruction of property, blackmail, the qualification under the commented article is excluded.